ORIENTAL INSURANCE CO. LTD., CITY BRANCH BY ITS MANAGER Vs. BABU SAPALYA, S/O. ITHAPPA SAPALYA, BABY KEETHANA, D/O. LATE DAMODARA, REPRESENTED BY JANARDHANA AND U. HARISH, S/O. VENKATESH PANDITH

JUDGEMENT

(1.) RESPONDENTS 1 and 2 herein filed a claim petition under Section 166 of the Motor Vehicle Act, 1988 in MVC 820/2003 on the file of the MACT -III, D.K., Mangalore, against the appellant and others, claiming compensation on account of death of one Damodar who sustained fatal injuries in the motor vehicle accident and later succumbed. The claim petition was contested by the appellant. After trial, the MACT has allowed the claim petition by awarding compensation of Rs. 8,09,000/ -. This appeal by the Insurance Company is directed against the said award.

(2.) SRI O. Mahesh, learned Counsel appearing for the appellant contended that, there is duplication of award under the head loss of dependency' and also in awarding a sum of Rs. 1,44,000/ - under the head 'loss of income' for a period of 36 months at the rate of Rs. 4,000/ - p.m. i.e., loss during the laid up period. Learned Counsel submitted that, there is excess award on account of wrong approach on the part of the MACT.

(3.) I have perused the record.